Puerto Rico Case Commentaries

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness

Date: May 5, 2026

Eligibility Is Not Entitlement: Discretionary Denial of Amendment 821 § 3582(c)(2) Relief Based on § 3553(a) Offense Seriousness 1. Introduction In United States v. Mario Enrique Mendoza Delgado...

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials)

Date: May 5, 2026

Form-Order Denials of Compassionate Release Must Permit Meaningful Appellate Review (Including Sealed Victim-Impact Materials) Introduction In United States v. Larry Douglas McPherson (11th Cir. May...

AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold

Date: May 5, 2026

AIR21 Back-Pay Mitigation Requires “Reasonable Diligence,” Not a “Gross or Egregious Misconduct” Threshold 1. Introduction Exclusive Jets, LLC v. United States Department of Labor, Administrative...

Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases

Date: May 5, 2026

Plain-Error Shield for Terry Frisks and Career-Offender Predicates: Aggregated Suspicion and “Realistic Probability” in Louisiana Cocaine Cases 1. Introduction In United States v. Young (5th Cir. May...

Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations

Date: May 5, 2026

Norman v. Beaumont ISD — Unpleaded “Context” Cannot Convert a Rule 12(b)(6) Dismissal: Social-Media Critiques of Workplace Leadership Are Not “Public Concern” Without Plausible Allegations 1....

Recall-Petition Signature Threshold in a Charter City Is Based on Total Electors Voting in the Last Mayoral Election, Not Votes Cast for Mayor

Date: May 5, 2026

Recall-Petition Signature Threshold in a Charter City Is Based on Total Electors Voting in the Last Mayoral Election, Not Votes Cast for Mayor I. Introduction State ex rel. Shannon v. Ogg, Slip...

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms

Date: May 5, 2026

Undisclosed Debtor Settlements Are Ineffective Without Rule 9019 Approval; Trustee May Later Obtain Approval on the Same Terms 1. Introduction In re: William F. Carney (3d Cir. May 1, 2026) arises...

People v. Stayner (2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant

Date: May 5, 2026

People v. Stayner (Cal. 2026): Change-of-Venue Selection Is Limited to Judicial Council–Available Counties; Publicity Comparisons to Unavailable Counties Are Irrelevant 1. Introduction People v....

State v. Morris (2026-Ohio-1519): Article I, Section 10 Right to Counsel Is a “Trial” Right and Does Not Bar Preindictment Interrogation After Counsel Is Appointed

Date: May 5, 2026

State v. Morris (2026-Ohio-1519): Article I, Section 10 Right to Counsel Is a “Trial” Right and Does Not Bar Preindictment Interrogation After Counsel Is Appointed Court: Supreme Court of Ohio Date:...

Pattern of Violence, Threats, and Harassment—Even While “Retired” and Pro Se—Establishes Unfitness and Warrants Disbarment

Date: May 5, 2026

Pattern of Violence, Threats, and Harassment—Even While “Retired” and Pro Se—Establishes Unfitness and Warrants Disbarment 1. Introduction In STATE OF OKLAHOMA ex rel. OBA v. KELLY JOHN BARLEAN, the...

Iowa Elective Share Limited to Revocable Trusts—Assets Held by a Panamanian Private Interest Foundation Are Excluded

Date: May 5, 2026

Iowa Elective Share Limited to Revocable Trusts—Assets Held by a Panamanian Private Interest Foundation Are Excluded Case: In the Matter of the Estate of James Edwin Ibeling (Iowa Sup. Ct. May 1,...

Chapter 7 Debtors Lack Bankruptcy Appellate Standing to Unwind § 363 Sales Absent Surplus/Discharge Impact; § 363(n) Avoidance Is Trustee-Only

Date: May 5, 2026

Chapter 7 Debtors Lack Bankruptcy Appellate Standing to Unwind § 363 Sales Absent Surplus/Discharge Impact; § 363(n) Avoidance Is Trustee-Only Introduction In Okorie v. Wells Fargo Bank, N.A. (5th...

Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene

Date: May 5, 2026

Thivener v. Nero: Conflicting Evidence Does Not Defeat Probable Cause; Emergency-Aid Entry and Plain-View Digital Seizures at a Suspected Suicide/Homicide Scene Court: Court of Appeals for the Third...

Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255

Date: May 5, 2026

Appellate Waivers Control Anders Appeals; Ineffective-Assistance Claims Generally Deferred to § 2255 1. Introduction In United States v. Divine Zion (3d Cir. Apr. 30, 2026) (nonprecedential), the...

Wakat v. Winn: Appellate Review of Remand Orders When § 1442 Is Asserted, and the Finality Trap for Fee-Award Appeals

Date: May 5, 2026

Wakat v. Winn: Appellate Review of Remand Orders When § 1442 Is Asserted, and the Finality Trap for Fee-Award Appeals 1. Introduction Parties and posture. In consolidated appeals, August Wakat (pro...

Circuit Courts Lack Jurisdiction to Compel DHS “Systemic” CPS-Operations Disclosures Absent a Justiciable Controversy or Statutory Authority

Date: May 5, 2026

Circuit Courts Lack Jurisdiction to Compel DHS “Systemic” CPS-Operations Disclosures Absent a Justiciable Controversy or Statutory Authority Case: State of West Virginia ex rel. West Virginia...

Strict Enforcement of Summary-Judgment Local Rules Against Pro Se Prisoners, and “Disagreement with Treatment” Is Not Deliberate Indifference

Date: May 5, 2026

Strict Enforcement of Summary-Judgment Local Rules Against Pro Se Prisoners, and “Disagreement with Treatment” Is Not Deliberate Indifference Introduction In Paul Smith v. Pamela Hart as...

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law

Date: May 5, 2026

Tejon v. Zeus Networks: Small, Gray Browsewrap Hyperlinks Beneath Prominent Action Buttons Do Not Create Inquiry Notice of Arbitration Under Florida Law I. Introduction In Roger Tejon v. Zeus...

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date

Date: May 5, 2026

Unequivocal Notice Triggers ADA EEOC Deadline—Constructive Discharge Accrues on Resignation Notice, Not Effective Date Introduction In Dawn Plagianes v. Fulton County School District (11th Cir. May...

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations”

Date: May 5, 2026

Rule 33: Newly Discovered “Cumulative Impeachment” Evidence Does Not Warrant a New Trial or an Evidentiary Hearing Absent “Unique Situations” 1. Introduction In United States v. Denzil Olajuwon...